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General Terms and Conditions

General Terms and Conditions (GTC) of Lenoverse UG (haftungsbeschränkt) (B2C and B2B)

I. Scope of application

  1. Subject to deviating individual contractual provisions, these General Terms and Conditions of Sale and Delivery (hereinafter also referred to as “GTC”) apply exclusively to contracts for sales, deliveries and other services (hereinafter also referred to as “deliveries”) which Lenoverse UG (hereinafter also referred to as “Lenoverse” or “we/us”) concludes with you as our customer (hereinafter also referred to as “customer” or “you”).
  2. These GTC apply equally to all types of transactions, including orders placed via our online store, by telephone or e-mail.
  3. These GTC apply exclusively. Any terms and conditions of the customer which are contrary to, deviate from, supplement or otherwise contradict these GTC shall not become part of the contract. This also applies in the event that Lenoverse provides deliveries and/or services to the customer in the knowledge of such terms and conditions of the customer, unless Lenoverse has expressly agreed to such terms and conditions in writing.
  4. These GTC also apply to all future contracts for deliveries and services from Lenoverse to the customer.
  5. The GTC apply to orders placed by consumers within the meaning of Section 13 BGB (“B2C”) and entrepreneurs within the meaning of Section 14 BGB (“B2B”).
  6. Legally relevant declarations and notifications to be made to us by the customer after conclusion of the contract (e.g. setting of deadlines, notification of defects, declaration of withdrawal or reduction) must be made in writing to be effective.

II Conclusion of contract

  1. Our offers in the catalog or online store are subject to change and non-binding. This also applies to product descriptions. The presentation and advertising of items, e.g. in our online store or in our catalogs, does not constitute a binding offer to conclude a purchase contract, but rather an invitation to submit an offer.
  2. The order of the goods by the customer is considered a binding contractual offer. By sending an order in the online store by clicking on the “Buy” button, the customer submits a binding contractual offer which requires our acceptance. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 1 week of its receipt by us.
  3. A contract is only concluded by our written order confirmation or implicitly by the delivery of the goods and is based exclusively on the content of the order confirmation and these terms of delivery.
  4. When ordering via the online store, the following provisions also apply. A detailed description of the ordering process with all the details of the individual order steps and the correction options can be accessed via the following link: Consumer information
    1. At the end of the respective order process, the customer receives a summary of the products placed in the shopping cart as well as the total price to be paid, including the statutory VAT and the shipping and additional costs incurred.
    2. Before submitting an order, the customer has the opportunity to check the order again and, if necessary, to correct or completely delete it by clicking on the correspondingly labeled buttons.
    3. Upon completion of the order, Lenoverse will immediately confirm receipt of the order to the customer by e-mail (order confirmation). The order confirmation is not an acceptance of the order, unless acceptance is declared in addition to the confirmation of receipt. A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
    4. If it is not possible to deliver the goods ordered by the customer, for example because the goods in question are not in stock, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform the customer immediately and refund any payments already received without delay.
    5. The contract language is German. We only store all contract data as part of our commercial accounting in accordance with the statutory provisions. If you have a customer account in our online store, this data is available there until the customer account is deleted. Please save the contract documents sent to you by us or make printouts of them. You can download, save and/or print out these GTC and all other contractual terms and conditions. They will also be sent to you by e-mail with every purchase and sale.

III Right of withdrawal

  1. Cancellation policy
    The following conditions apply to contracts with consumers that we conclude exclusively using means of distance communication such as telephone or internet etc:

You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods. If goods ordered as a unit are delivered separately, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the last goods. To exercise your right of withdrawal, you must contact us,

Lenoverse UG (haftungsbeschränkt)
Waldstr. 35
32105 Bad Salzuflen
Phone: +49 173 580 44 75
E-mail: info@lenoverse.de

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking their condition, properties and functionality.

End of the withdrawal policy

  1. Sample withdrawal form

(If you wish to cancel the contract, please fill out this form and send it back to us).

To:

Lenoverse UG (haftungsbeschränkt)
Waldstr. 35
32105 Bad Salzuflen
Phone: +49 173 580 44 75
E-mail: info@lenoverse.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*): Ordered on (*)/received on (*):

Name of the consumer(s):

Address of the consumer(s):

Signature of the consumer(s) (only for notification on paper):

Date:

(*) Delete as appropriate

The sample withdrawal form can also be downloaded here

IV. Prices

  1. The price for our goods stated in the respective offer to consumers is the final price including statutory VAT and other price components. The corresponding shipping costs are indicated to the customer, who is a consumer, in the respective offer and are to be borne by the customer, unless the customer exercises his right of withdrawal. From an order value of EUR 30.00, delivery to consumers within Germany is free of shipping costs.
  2. The prices quoted to entrepreneurs are net prices, excluding export and shipping costs.
  3. We are entitled to issue partial invoices for partial deliveries within the meaning of Section VI.6.

V. Payment, due date, default of payment

  1. The customer can choose from the available payment methods during and before completing the order process. The following payment methods are available:
    • PayPal
    • Prepayment
    • Invoice

Which payment methods are offered is at the sole discretion of Lenoverse and depends in particular on the value of the goods, the composition of the shopping cart and the person of the customer. In individual cases, in particular if Lenoverse is aware of a lack of creditworthiness on the part of the customer, the seller may refuse individual means of payment even after the customer has sent the order. In this case, the customer can decide whether he wishes to pay by another means of payment or whether the order should be canceled.

  1. Insofar as the customer is offered payment on account, the timeliness of payments is determined by their receipt by Lenoverse.
  2. The customer shall be in default upon expiry of the agreed payment period. During the period of default, interest shall be charged on the purchase price at the applicable statutory default interest rate. We reserve the right to claim further damages caused by default. Our claim to commercial maturity interest (§ 353 HGB) against merchants remains unaffected
  3. The customer may only offset counterclaims that are legally established, undisputed or recognized by Lenoverse. The customer may only assert a right of retention on the basis of counterclaims which are based on the same contractual relationship.

VI Delivery and shipment, transfer of risk and default of acceptance

  1. Delivery shall be ex warehouse, which is also the place of performance. At the customer’s request and expense, the goods will be shipped to another destination (sales shipment). Unless otherwise agreed, we are entitled to determine the type of shipment (in particular transport company, shipping route, packaging) ourselves.
  2. The risk of accidental loss and accidental deterioration of the goods shall pass to the customer at the latest when the goods are handed over.
    1. In the case of sale by dispatch, the risk of accidental loss and accidental deterioration of the goods as well as the risk of delay shall pass to customers who make a purchase in the exercise of their commercial or independent professional activity (entrepreneurs) upon delivery of the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If acceptance has been agreed, this shall be decisive for the transfer of risk. The statutory provisions of the law on contracts for work and services shall also apply accordingly to any agreed acceptance. If the customer is in default of acceptance, this shall be deemed equivalent to handover or acceptance.
    2. In the case of customers who make a purchase for a purpose that cannot be attributed to their commercial or independent professional activity (consumers), we bear the transportation risk until the goods are handed over to the customer by the carrier.
  1. The customer shall bear the return costs incurred in the event of exercising their right of withdrawal. When exercising the right of withdrawal, we will reimburse the customer for the shipping costs (shipping costs) of the goods in the amount of the cheapest standard shipping option.
  2. The delivery period shall be agreed individually or specified by us in the order process. The commencement of the delivery period specified by us is subject to the customer having provided us with all information and documents required for the execution of the delivery in good time and having made any agreed advance payments as agreed. Unless otherwise agreed, agreed delivery periods shall commence on the date of the order confirmation. In the case of additional or extension orders placed at a later date, the deadlines shall be extended accordingly.
  3. If we are unable to meet binding delivery deadlines for reasons for which we are not responsible (non-availability of the service), we shall inform the customer of this immediately and at the same time inform the customer of the expected new delivery deadline. If the service is also not available within the new delivery period, we shall be entitled to withdraw from the contract in whole or in part; we shall immediately reimburse any consideration already paid by the customer. A case of non-availability of the service in this sense shall be deemed to be in particular the failure of our supplier to deliver to us in good time if we have concluded a congruent hedging transaction, neither we nor our supplier are at fault or we are not obliged to procure in the individual case.
  4. Lenoverse is entitled to make partial deliveries if (i) the partial delivery can be used by the customer within the scope of the contractual purpose, (ii) the delivery of the remaining ordered goods is ensured and (iii) the customer does not incur any significant additional work or costs as a result (unless Lenoverse agrees to bear these costs).
  5. If B2B customers cannot be found when the goods are delivered by the forwarding agent, resulting in a return or repeated delivery, the costs incurred will be invoiced.

VII. Inspection obligations and obligation to give notice of defects for entrepreneurs

  1. The claims for defects of the customer, who is an entrepreneur, presuppose that he has complied with his statutory obligations to inspect and give notice of defects (§§ 377, 381 HGB). If the customer is an entrepreneur, he is obliged to inspect deliveries immediately for defects and to notify Lenoverse of these immediately, but at the latest within 5 calendar days from handover of the delivery to the customer, in writing or in text form. In the case of hidden defects, the notification period begins at the time at which the hidden defects are discovered or could have been discovered without gross negligence. The transfer of the purchased goods to third parties or their shipment to a foreign customs country shall not release the customer from his obligation to give notice of defects in accordance with this clause VII.1.
  2. If the customer, who is an entrepreneur, does not give notice of defects or does not do so in due time, our liability for the unreported defect is excluded.

VIII Retention of title

  1. The object of purchase remains the property of Lenoverse until all claims arising from the purchase contract have been settled in full. Only in the case of customers who are entrepreneurs does this also apply until Lenoverse’s future claims arising from the current business relationship have been settled in full, together with interest and costs.
  2. The customer is not entitled to sell or otherwise dispose of the object of purchase, in particular to pledge it or assign it as security, as long as the retention of title exists, i.e. as long as the customer has not fulfilled all of Lenoverse’s claims arising from the relevant purchase contract. It is also prohibited to combine items subject to retention of title with items belonging to the customer or third parties.
  3. The customer must notify Lenoverse immediately in writing or in text form if and to the extent that third parties seize the goods subject to retention of title.

IX. Warranty and liability

  1. The statutory provisions shall apply to the customer’s rights in the event of material defects and defects of title, unless otherwise specified below. In all cases, the special statutory provisions for final delivery of the goods to a consumer (supplier recourse pursuant to §§ 445a, 478 BGB) shall remain unaffected.
  2. If the customer is an entrepreneur, Lenoverse shall choose the type of subsequent performance at its own discretion. In all other respects, the statutory provisions apply, unless otherwise stated in this Section IX. Claims by the customer for expenses incurred for the purpose of subsequent performance, in particular transport, travel, labor and material costs, are excluded if the expenses increase because the object of purchase has subsequently been moved to a location other than the customer’s place of business.
  3. If the customer is an entrepreneur, a deadline for subsequent performance to be set by the customer must be at least four weeks and must be made in writing. Subsequent performance is only deemed to have failed if three attempts have been unsuccessful. Lenoverse may refuse subsequent performance if it is only possible at disproportionate cost.
  4. If the customer is an entrepreneur, there are also no warranty claims for defects caused by unsuitable or improper use, incorrect commissioning, natural wear and tear, incorrect or negligent handling, excessive use and improper maintenance of the subject matter of the contract as well as by modifications to the subject matter of the contract by the customer or by third parties on the customer’s behalf without the express consent of Lenoverse.
  5. If the customer is an entrepreneur and Lenoverse is unwilling or unable to provide subsequent performance, in particular because this is delayed beyond a reasonable period of time for reasons for which Lenoverse is responsible, or if subsequent performance fails in any other way, the customer is entitled to withdraw from the contract within the framework of the statutory provisions. This does not apply to insignificant defects. Such an insignificant defect is deemed to exist if the cost of remedying the defect does not exceed 5 (five) percent of the order value. In this case, the customer shall only be entitled to a reduction of the contract price. Claims for damages shall be governed by Section X.
  6. In the event that Lenoverse replaces delivery items or parts thereof as part of the warranty for defects, the customer must return and transfer ownership of the replaced items or parts to Lenoverse.
  7. If the inspection of an article that is the subject of a complaint reveals that the defect or damage claimed by the customer is not present, but that the article is free of defects, Lenoverse is entitled to charge the customer a lump sum of € 30 plus VAT for the inspection. The customer reserves the right to provide evidence of lower costs and we reserve the right to provide evidence of higher costs.
  8. An additional guarantee only applies to the goods supplied by Lenoverse if this was expressly stated in the order confirmation for the respective goods.

X. Limitation of liability

  1. Claims for damages by the customer are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Lenoverse, its legal representatives or vicarious agents.
  2. In the event of a breach of material contractual obligations, Lenoverse shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the customer’s claims for damages are based on injury to life, limb or health.
  3. The restrictions of clauses 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
  4. If the customer is an entrepreneur, Lenoverse is only liable for cases of initial impossibility if it was aware of the impediment to performance or if the lack of knowledge is due to gross negligence.
  5. The provisions of the Product Liability Act remain unaffected.

XI. Statute of limitations

  1. If the customer is a consumer, claims for defects shall become time-barred in accordance with the statutory limitation periods.
  2. If the customer is an entrepreneur, claims for defects shall lapse within a period of one year from delivery of the object of purchase. This limitation period also applies to contractual and non-contractual claims for damages by the customer that are based on a defect in the object of purchase. §§ Sections 454a, 445b, 478BGB remain unaffected.
  3. If the customer is an entrepreneur, all claims for damages and reimbursement of expenses against us shall become time-barred within one year of delivery of the goods. Excluded from this are claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely) as well as liability for other damages based on an intentional or grossly negligent breach of duty by Lenoverse, its legal representatives or vicarious agents.
  4. The limitation provisions of the Product Liability Act remain unaffected.

XII Choice of law, place of jurisdiction, dispute resolution

  1. Contracts between Lenoverse and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.
  2. If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contract is the registered office of Lenoverse. However, we are also entitled to take legal action at the customer’s general place of jurisdiction. The same applies if the customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.
  3. Information on participation in alternative dispute resolution: We do not participate in an alternative dispute resolution procedure.